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C.C.S.M. c. A25 The Manitoba Agricultural Services Corporation Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

SM 2005, c. 28

• whole Act

– in force: 1 Sep 2005 (Man. Gaz.: 16 Jul 2005)

Amended by
SM 2013, c. 48, s. 3

• in force: 1 Mar 2014 (Man. Gaz.: 1 Mar 2014)

SM 2013, c. 54, s. 3
SM 2014, c. 32, s. 1
 

C.C.S.M. c. A25

The Manitoba Agricultural Services Corporation Act

(Assented to June 16, 2005)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"agricultural product" means livestock, plants or a livestock or plant product. (« produit agricole »)

"appeal tribunal" means the appeal tribunal continued under section 38. (« tribunal d'appel »)

"board" means the board of directors of the corporation. (« conseil d'administration »)

"contract of hail insurance" means a contract of insurance with respect to hail insurance. (« contrat d'assurance contre la grêle »)

"contract of insurance" means

(a) the application for insurance made by a qualified person as accepted by the corporation;

(b) the contract terms and conditions set out in the regulations; and

(c) any changes to insurance coverage selected by the insured person and accepted by the corporation from time to time. (« contrat d'assurance »)

"contract of production insurance" means a contract of insurance with respect to production insurance. (« contrat d'assurance-production »)

"corporation" means the Manitoba Agricultural Services Corporation. (« Société »)

"director" means a director of the board appointed under section 11. (« administrateur »)

"farming" means any activity undertaken to produce or market an agricultural product. (« activité agricole »)

"hail insurance" means insurance with respect to direct loss or damage to agricultural products specified in the regulations by reason of hail or fire or both provided in accordance with this Act. (« assurance contre la grêle »)

"insured person" means a qualified person who has entered into a contract of insurance with the corporation. (« assuré »)

"livestock" means any kind of animal, bird, fish or insect designated by regulation as livestock for the purpose of this Act or any provision of this Act. (« animaux de ferme »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"ministerial appeal committee" means a committee established by the minister under section 48 to hear appeals. (« comité d'appel ministériel »)

"non-production based insurance" means insurance with respect to an inability to produce agricultural products or any other types of insurance designated in the regulations. (« assurance incapacité de production »)

"person" means an individual, corporation, partnership, joint venture, syndicate, association, trust or any other entity or organization. (« personne »)

"production insurance" means insurance with respect to agricultural products specified in the regulations, or non-production based insurance, that provides for risk protection against uncontrollable perils in accordance with this Act. (« assurance-production »)

"qualified person" means, for the purposes of a contract of insurance, a person who is engaged in farming in Manitoba and who

(a) has a financial interest in the agricultural product to be insured; or

(b) has a financial interest with respect to the coverage to be provided under non-production based insurance. (« personne admissible »)

"rural economic enterprise" means an undertaking or operation

(a) that relates to the production, processing, manufacturing or marketing of an agricultural product; or

(b) which, in the opinion of the corporation, supports the sustainability, development or diversification of the rural economy. (« entreprise rurale »)

Reference to "this Act" includes regulations

2(1)        A reference to this Act includes the regulations made under this Act.

Reference to Agricultural Credit Corporation Act

2(2)        A reference to The Agricultural Credit Corporation Act means The Agricultural Credit Corporation Act as it read immediately before the coming into force of this Act.

Reference to Crop Insurance Act

2(3)        A reference to The Crop Insurance Act means The Crop Insurance Act as it read immediately before the coming into force of this Act.

PART 2

ORGANIZATION, PURPOSES AND POWERS OF THE CORPORATION

ESTABLISHMENT

Manitoba Agricultural Services Corporation established

3           "Manitoba Agricultural Services Corporation" is hereby established as a corporation, consisting of the directors appointed by the Lieutenant Governor in Council under section 11.

Crown agent

4           The corporation is an agent of the Crown.

Fiscal year

5           The fiscal year of the corporation ends on March 31 of each year.

Auditor

6           The Auditor General is the auditor of the corporation.

Corporations Act does not apply

7           Except as otherwise provided in the regulations, The Corporations Act does not apply to the corporation.

Insurance Act does not apply

8           The Insurance Act does not apply to this Act or to any program administered by the corporation under this Act.

PURPOSES

Purposes

9           The purposes of the corporation are

(a) to support and encourage the sustainability, development and diversification of agriculture and the rural economy of Manitoba by providing programs and services as set out in this Act; and

(b) to carry out other programs, services and responsibilities assigned to the corporation by an Act, a regulation under an Act, the Lieutenant Governor in Council or the minister.

BOARD OF DIRECTORS

Role of the board

10          The board is responsible for carrying out the corporation's responsibilities under this Act and for directing the business and affairs of the corporation.

Composition of the board

11          The board is to consist of not fewer than five and not more than nine directors appointed by the Lieutenant Governor in Council.

Term of appointment

12          Directors are to be appointed for the term set in the order appointing them, which must not exceed three years.

Vacancy

13          The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of a former director.

After term expires

14          After a director's term expires, the director continues to hold office until reappointed or a successor is appointed, or until the appointment is revoked.

Chair and vice-chair

15(1)       The Lieutenant Governor in Council must designate one director as chair and one director as vice-chair.

Duties of vice-chair

15(2)       The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.

S.M. 2013, c. 54, s. 3.

Quorum

16          A majority of the directors in office constitutes a quorum of the board, provided that one is the chair or vice-chair.

S.M. 2013, c. 54, s. 3.

Duties of directors

17           A director must

(a) act honestly and in good faith with a view to the best interests of the corporation; and

(b) exercise the care, diligence and skill that a reasonable and prudent person would exercise in comparable circumstances.

Remuneration

18          The corporation is to pay its directors the remuneration and expenses established by the Lieutenant Governor in Council.

By-laws

19          The board may make by-laws for the conduct and management of the business and affairs of the corporation, including by-laws establishing a code of ethics and a conflict of interest policy for the directors and employees of the corporation.

Committees of the board

20          The board may, by by-law, establish any committees of the board that it considers necessary and set out the membership and responsibilities of board committees.

Chair to report to minister

21(1)       The chair of the corporation must report to the minister.

Reports to minister about board meetings

21(2)       After every meeting of the board, the chair must forward to the minister a description of the business transacted at the meeting.

Additional information for minister

21(3)       At the request of the minister, the corporation must provide the minister with any information, including personal information, relating to any aspect of the corporation's business or affairs.

CHIEF EXECUTIVE OFFICER AND OTHER STAFF

Chief executive officer

22(1)       The Lieutenant Governor in Council must appoint an individual as chief executive officer of the corporation.

Duties of chief executive officer

22(2)       The chief executive officer must carry out the functions and duties that the board specifies.

CEO may attend board meetings

22(3)       The chief executive officer may attend board meetings at the request of the board, but is not entitled to vote.

Staff

23          The board or, if authorized by the board, the chief executive officer, may appoint officers and employees necessary to carry on the corporation's business and affairs, and determine their duties and the terms and conditions of their employment.

Application of Civil Service Superannuation Act

24          The employees of the corporation are employees within the meaning of The Civil Service Superannuation Act.

Protection from liability

25          No action or proceeding may be brought against a director, officer or employee of the corporation for anything done, or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

POWERS

General powers

26          The corporation has the capacity, rights and powers of a natural person for carrying out its purposes.

Specific powers

27          The corporation's powers include the following:

(a) with respect to contracts of insurance,

(i) to establish eligibility requirements and determine a person's eligibility for a contract of insurance,

(ii) to insure qualified persons in accordance with the regulations, and

(iii) to establish insurance coverages and premium rates based on methodologies prescribed in the regulations;

(b) to reinsure all or part of the risk under contracts of insurance, and enter into reinsurance agreements for that purpose;

(c) to conduct research and surveys as the corporation considers necessary;

(d) to engage the services of appraisers, consultants or other persons as the corporation considers necessary;

(e) to enter into agreements respecting the disclosure or sale of aggregate, non-identifying information and data;

(f) to carry out inspections to ensure compliance with this Act;

(g) to enter into agreements permitting the corporation to provide inspection services or other programs or services that relate to its areas of expertise;

(h) to assess charges with respect to its programs and services.

Agreements with Government of Canada

28          With the approval of the Lieutenant Governor in Council, the minister — or the chair if authorized by the Lieutenant Governor in Council — may enter into an agreement on behalf of the Government of Manitoba with the Government of Canada under which the Government of Canada agrees to make contributions

(a) to premiums and administrative expenses for production insurance;

(b) for the purpose of reinsuring losses under contracts of production insurance;

(c) for wildlife damage compensation and related administrative expenses; and

(d) for any other purpose set out in the agreement.

ANNUAL REPORT

Annual report

29(1)       Not later than September 30 in each year, the board must give a report to the minister on the corporation's activities and operations during the fiscal year ending on March 31 of that year.

Audited financial statements

29(2)       The report must include audited financial statements and any other information that the minister may request.

Report tabled in Assembly

29(3)       The minister must table a copy of the report in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

PART 3

FUNCTIONS OF THE CORPORATION

DIVISION 1

LENDING

Loans, guarantees and equity investments

30          Subject to any terms and conditions that the corporation considers appropriate and to any regulations, the corporation may

(a) make loans to persons engaged in farming or operating rural economic enterprises;

(b) guarantee loans made by other lenders to persons engaged in farming or operating rural economic enterprises;

(c) guarantee contractual or other obligations of persons engaged in farming or operating rural economic enterprises; and

(d) make equity investments in rural economic enterprises providing for rights, interests or shares in assets, earnings or profits.

Security for loans

31          The corporation may take whatever security it requires to secure repayment of the loans it makes.

Subrogation

32          Where the corporation has guaranteed a loan and makes a payment to the lender under the guarantee, the corporation is subrogated to all rights and remedies of the lender with respect to the loan, to the extent of the payment.

DIVISION 2

INSURANCE

Insurance programs

33          In accordance with the regulations, the corporation may provide

(a) production insurance programs;

(b) hail insurance programs; and

(c) other insurance programs for the purpose of managing risks related to farming.

Contract of insurance

34          The corporation may enter into a contract of insurance with a qualified person who satisfies the eligibility criteria established by the corporation, including any criteria that may be set out in the regulations.

Termination or refusal of contract

35          Subject to any regulations, the corporation may terminate a contract of insurance on the terms it considers appropriate or may refuse to enter into a contract of insurance.

Notice of corporation's decision re loss or damage

36(1)       Where the corporation receives a claim in respect of loss or damage from an insured person under a contract of insurance, the corporation must assess the claim and give notice to the insured person, in accordance with the regulations, of its decision with respect to the following:

(a) the corporation's determination of the cause of the loss or damage;

(b) the corporation's determination of the amount of production, percentage of production loss, number of acres and number of livestock, as applicable;

(c) the corporation's calculation of the amount of indemnity payable under the contract of insurance.

Notice of right to appeal

36(2)       A notice under subsection (1) must include a statement that the insured person has a right to appeal the determination or calculation to the appeal tribunal under section 44.

DIVISION 3

OTHER PROGRAMS AND SERVICES

Other programs and services

37          The corporation

(a) must administer programs that provide compensation for damage or loss caused by wildlife that are assigned to it under this Act or any other Act or regulation;

(b) must administer any Government of Manitoba, Government of Canada, or joint Manitoba and Canada program relating to its purposes that is assigned to it by the Lieutenant Governor in Council or by the minister; and

(c) may, with the approval of the minister, provide any other program or service that relates to its purposes.

PART 4

APPEALS

APPEAL TRIBUNAL

Appeal tribunal continued

38          The appeal tribunal, which was established under The Crop Insurance Act, is continued under this Act.

Members

39(1)       The appeal tribunal consists of at least four persons appointed by the Lieutenant Governor in Council.

Term

39(2)       Each member holds office for the term set by the Lieutenant Governor in Council in the order appointing him or her.

Chair and vice-chair

39(3)       The Lieutenant Governor in Council must designate one of the members of the appeal tribunal as the chair and another member as vice-chair.

Authority of vice-chair

39(3.1)     The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.

Remuneration

39(4)       The members of the appeal tribunal are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Responsibility for paying remuneration and expenses

39(5)       By order in council, the Lieutenant Governor in Council may specify who is responsible for paying the remuneration and expenses of the appeal tribunal's members in connection with different categories of matters coming before the tribunal.

Quorum and majority decision

39(6)       A quorum of the appeal tribunal is three members. A decision of the majority of the tribunal members present at a meeting or conducting a hearing is a decision of the tribunal.

S.M. 2013, c. 48, s. 3.

Responsibilities of appeal tribunal

40          The appeal tribunal must

(a) hear and decide appeals under section 44; and

(b) hear and decide other appeals assigned to it by this Act, by another Act or by the regulations under another Act.

Duties and powers of appeal tribunal

41(1)       The appeal tribunal must inform itself fully of the facts concerning each appeal or matter before it.  For that purpose, the appeal tribunal

(a) has the powers of a commissioner under Part V of The Manitoba Evidence Act; and

(b) must give full opportunity to the person appealing and the corporation to present evidence and make submissions.

Rules of practice and procedure

41(2)       The appeal tribunal may establish rules of practice and procedure.  The rules must be consistent with this Act and any other Act or regulation respecting the appeal tribunal.

Hearings

42(1)       The appeal tribunal may hold a hearing orally or in writing, or partly orally and partly in writing.  An oral hearing may be held by means of a conference telephone call or by another method of communication that permits the appeal tribunal and the parties to communicate with each other simultaneously.

Investigations and inspections

42(2)       The appeal tribunal may, before or during a hearing, carry out any investigation or inspection or refer any question for an expert opinion that it considers necessary or advisable.  The appeal tribunal must give the person appealing and the corporation a reasonable opportunity to examine and copy information it obtains as a result of an investigation or inspection and any expert opinion it obtains.

Rules of evidence do not apply

42(3)       The appeal tribunal is not bound by the rules of evidence that apply to judicial proceedings.

Decision final and binding

43          A decision of the appeal tribunal in an appeal in which the corporation is a party is final and binding on the person appealing and the corporation, and is not subject to appeal.

S.M. 2013, c. 48, s. 3.

Protection from liability

43.1        No action or proceeding may be brought against a member of the appeal tribunal for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation under this Act, or under another Act or regulation under which an appeal is assigned to the tribunal.

S.M. 2013, c. 48, s. 3.

APPEALS RESPECTING CLAIMS UNDER CONTRACTS OF INSURANCE

Who may appeal

44          An insured person may appeal a decision of the corporation referred to in clause 36(1)(a), (b) or (c) to the appeal tribunal.

Notice of appeal

45(1)       An insured person may commence an appeal under section 44

(a) by filing with the appeal tribunal, a written notice of appeal that sets out the decision under section 36 being appealed; and

(b) by paying the fee set by the minister.

Time for filing appeal

45(2)       A notice of appeal must be filed within seven days after the insured person receives notice from the corporation of the particular decision under section 36 being appealed.  For greater certainty,

(a) if a notice of appeal is not filed within the seven day period, that particular decision may not be appealed; and

(b) a notice of appeal of the corporation's calculation of the amount of an indemnity under clause 36(1)(c) may not include a notice of appeal of a determination under clause 36(1)(a) or (b) if the time for filing an appeal with respect to those clauses has expired.

Manner of filing notice of appeal

45(3)       A notice of appeal must be filed in accordance with the regulations.

Notice to the corporation

45(4)       On receiving a notice of appeal, the appeal tribunal must promptly give a copy of it to the corporation.

Appeal tribunal bound by Act

46          In hearing an appeal under section 44, the appeal tribunal is bound by this Act and the contract of insurance between the insured person bringing the appeal and the corporation.

Decision of appeal tribunal

47(1)       After considering the appeal, the appeal tribunal may confirm, set aside or vary the corporation's decision.  The appeal tribunal must give written reasons for its decision at the request of the insured person or the corporation.

Disposition of fee

47(2)        If the appeal tribunal sets aside or varies the decision of the corporation, the fee paid by the insured person under clause 45(1)(b) must be repaid to the insured person.  If the appeal tribunal confirms the corporation's decision, the fee is to be applied to the costs of the appeal.

MINISTERIAL APPEAL COMMITTEES

Establishment of ministerial appeal committees

48(1)       The minister may, from time to time, establish one or more ministerial appeal committees to hear and determine disputes respecting programs under this Act, other than matters to be heard and determined by the appeal tribunal under section 40.

Members, term and chair

48(2)       A ministerial appeal committee consists of those members appointed by the minister for the term set by the minister.  The minister must designate one of the members of the appeal committee as the chair.

Rules of practice and procedure

48(3)       Subject to any regulations and any directions provided by the minister, a ministerial appeal committee may establish its rules of practice and procedure.

Rules of evidence do not apply

48(4)       A ministerial appeal committee is not bound by the rules of evidence that apply to judicial proceedings.

Decision final and binding

48(5)       A decision of a ministerial appeal committee is final and binding on the person appealing and the corporation, and is not subject to appeal.

PART 5

FINANCIAL MATTERS

GRANTS, BORROWING, BANKING AND INVESTMENTS

Grants from Consolidated Fund

49          The Minister of Finance, on the requisition of the minister, may make grants to the corporation out of money appropriated by the Legislature for that purpose.

Borrowing authority

50(1)       In addition to any money borrowed under section 63, the corporation may borrow money, but only with the approval of the Lieutenant Governor in Council and only

(a) by way of loan from the government

(i) for temporary purposes, or

(ii) for other purposes to the extent permitted under The Financial Administration Act or a Loan Act; or

(b) for temporary purposes by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.

Advance out of Consolidated Fund

50(2)       Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.

Banking and accounts

51          The corporation may make banking arrangements, subject to any directives issued by the Minister of Finance, and must keep such accounts as the Minister of Finance requires.

Investment of surplus money

52(1)       The corporation must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.

Investment and interest to be paid to corporation

52(2)       At the request of the corporation, the Minister of Finance must pay to the corporation any money invested under subsection (1) and interest earned on those investments.

FUNDS

Production Insurance Fund

53          "The Crop Insurance Fund", established under The Crop Insurance Act, is continued under this Act as the "Production Insurance Fund".

Hail Insurance Fund

54          "The Hail Insurance Fund", established under The Crop Insurance Act, is continued under this Act as the "Hail Insurance Fund".

Corporation controls the funds

55          The Production Insurance Fund and the Hail Insurance Fund are in the custody and control of the corporation on behalf of the Crown in right of Manitoba.

Fund money not part of Consolidated Fund

56          Despite The Financial Administration Act, money in the Production Insurance Fund or the Hail Insurance Fund does not form part of the Consolidated Fund.

Production Insurance Fund

Credits to Production Insurance Fund

57          The following are to be credited to the Production Insurance Fund:

(a) all insurance premiums received under contracts of production insurance and any agreement between the governments of Manitoba and Canada under clause 28(a);

(b) amounts received under a reinsurance agreement referred to in clause 28(b) or section 67;

(c) income earned on investments of the fund.

Payments out of Production Insurance Fund

58          Only the following are to be paid out of the Production Insurance Fund:

(a) indemnities payable under contracts of production insurance;

(b) premiums and other amounts payable for reinsurance under an agreement referred to in clause 28(b) or section 67;

(c) interest on any money borrowed under subsection 50(1) for the purpose of the fund, but not including any interest on advances repaid under subsection 66(5).

Reserve — Production Insurance Fund

59          After making the payments out of the Production Insurance Fund in accordance with section 58, any surplus of money remaining in the fund must be set aside by the corporation as a reserve for future indemnities payable under contracts of production insurance.

Hail Insurance Fund

Credits to Hail Insurance Fund

60          The following are to be credited to the Hail Insurance Fund:

(a) all insurance premiums received under contracts of hail insurance;

(b) amounts received under a reinsurance agreement referred to in section 68;

(c) income earned on investments of the fund.

Payments out of Hail Insurance Fund

61          Only the following are to be paid out of the Hail Insurance Fund:

(a) indemnities payable under contracts of hail insurance;

(b) premiums and other amounts payable for reinsurance under an agreement referred to in section 68;

(c) interest on any money borrowed under subsection 50(1) or section 63 for the purpose of the fund;

(d) expenses relating to the administration of the hail insurance program.

Reserve — Hail Insurance Fund

62          After making the payments out of the Hail Insurance Fund in accordance with section 61, any surplus of money remaining in the fund must be set aside by the corporation as a reserve for future indemnities payable under contracts of hail insurance.

Loan for Hail Insurance Fund

63          If the balance in the Hail Insurance Fund is insufficient to make the payments required under section 61, the government must, at the request of the corporation, make a loan to the corporation to enable it to meet the deficiency.

Other Funds and Reserves

Corporation may establish other funds

64          The corporation may establish any other funds it considers necessary to administer any loan or other program.

Other reserves

65          The corporation may set aside any surplus relating to the administration of programs and services provided by the corporation under clause 37(c) as a reserve for future costs relating to those programs and services.

REINSURANCE

Reinsurance Fund of Manitoba

Reinsurance Fund of Manitoba

66(1)       The Manitoba Crop Reinsurance Account, a special account in the Consolidated Fund, is continued as the Reinsurance Fund of Manitoba for the purposes of a reinsurance agreement referred to in clause 28(b).

Credits to reinsurance fund

66(2)       All money paid by the corporation to the Minister of Finance under the reinsurance agreement as premiums for reinsurance with respect to production insurance, together with any interest if payable under the agreement, must be credited to the Reinsurance Fund of Manitoba.

Payments out of reinsurance fund

66(3)       At the request of the minister, and in accordance with the terms of the reinsurance agreement, the Minister of Finance must pay out of the Reinsurance Fund of Manitoba the amount required to be paid to the corporation under the terms of the reinsurance agreement.

Deficits in reinsurance fund

66(4)       If, at any time, the amount in the Reinsurance Fund of Manitoba is insufficient to make a payment to the corporation as required under the terms of the reinsurance agreement, the Minister of Finance must advance from the Consolidated Fund, and credit to the Reinsurance Fund of Manitoba, the amount required to meet the deficit.

Advances to be repaid

66(5)       An advance made under subsection (4) is repayable out of the Reinsurance Fund of Manitoba in accordance with the terms of the reinsurance agreement together with interest, if payable under the agreement.

Other Reinsurance Agreements

Reinsurance agreements made by corporation — production insurance

67          With the approval of Treasury Board, the corporation may enter into an agreement for the purchase of reinsurance of all or part of the risk under contracts of production insurance with one or more of

(a) the government of any jurisdiction; and

(b) any person;

whether or not the government or person is licensed as an insurer or reinsurer by Canada or a jurisdiction in Canada.

Reinsurance agreements made by corporation — hail insurance

68          The corporation may enter into an agreement for the purchase of reinsurance of all or part of the risk under contracts of hail insurance with one or more of

(a) the government of any jurisdiction; and

(b) any person;

whether or not the government or person is licensed as an insurer or reinsurer by Canada or a jurisdiction in Canada.

PART 6

REGULATIONS

Corporation regulations

69(1)       Subject to the approval of the Lieutenant Governor in Council, the corporation may make regulations

(a) respecting loans and guarantees under section 30, including eligibility requirements, terms and conditions and security for loans and guarantees;

(b) respecting equity investments in rural economic enterprises under clause 30(d);

(c) establishing production insurance programs, hail insurance programs and other types of insurance programs under section 33;

(d) respecting contracts of insurance, including eligibility requirements, entering into and terminating contracts of insurance, and contract terms and conditions;

(e) prescribing the methodologies by which insurance coverages and premium rates are to be calculated for insurance programs established under clause (c);

(f) specifying agricultural products that the corporation will insure under an insurance program;

(g) respecting eligibility requirements and terms and conditions for programs or services provided under section 37;

(h) designating kinds of animals, birds, fish and insects as livestock for the purpose of this Act or any provision of this Act;

(i) designating other types of insurance for the purposes of non-production based insurance;

(j) respecting the manner of giving notice to any person or to the corporation with respect to any matter under this Act;

(k) defining any word or phrase used but not defined in this Act for the purposes of this Act or any provision of this Act;

(l) respecting the extent to which The Corporations Act applies to the corporation;

(m) respecting further transitional or saving provisions;

(n) respecting any matter necessary or advisable to carry out the purposes of this Act.

Retroactive insurance regulations

69(2)        A regulation under subsection (1) made in relation to an insurance program referred to in section 33 may be made retroactive to a date not earlier than January 1 of the year in which it is made.

Lieutenant Governor in Council regulations re appeal tribunal

70          The Lieutenant Governor in Council may make regulations respecting appeals to the appeal tribunal, including

(a) appeals and matters to be heard by the appeal tribunal;

(b) authorizing the appeal tribunal to hear and decide appeals that arise under another Act or a regulation under another Act;

(c) appeal procedures, including the manner of filing a notice of appeal with the appeal tribunal.

Minister's regulations re ministerial appeal committees

71          The minister may make regulations respecting ministerial appeal committees and appeals to that committee, including

(a) matters to be heard by a ministerial appeal committee and the scope of appeals;

(b) the powers of a ministerial appeal committee;

(c) appeal procedures, including the manner of filing a notice of appeal with the ministerial appeal committee.

PART 7

TRANSITIONAL PROVISIONS

Amalgamation of Manitoba Agricultural Credit Corporation and Manitoba Crop Insurance Corporation

72           The Manitoba Agricultural Credit Corporation and the Manitoba Crop Insurance Corporation are amalgamated and form the Manitoba Agricultural Services Corporation established under section 3.

Vesting of assets

73           All assets, rights and property of The Manitoba Agricultural Credit Corporation and of the Manitoba Crop Insurance Corporation are vested in the Manitoba Agricultural Services Corporation.

Assumption of liabilities

74           All liabilities and obligations of The Manitoba Agricultural Credit Corporation and of the Manitoba Crop Insurance Corporation are assumed by the Manitoba Agricultural Services Corporation.

Money owing, etc

75           If a person owes money to or has contractual or other obligations with The Manitoba Agricultural Credit Corporation or with the Manitoba Crop Insurance Corporation, whether that corporation is acting on its own behalf or on behalf of a third party, that person, on the coming into force of this Act, owes that money to or has those contractual or other obligations with the Manitoba Agricultural Services Corporation subject to the same terms or conditions, if any, that existed between that person and The Manitoba Agricultural Credit Corporation or the Manitoba Crop Insurance Corporation, as the case may be.

Members of appeal tribunal continued

76(1)        A person who was appointed as a member of the appeal tribunal under The Crop Insurance Act as it was constituted immediately before the coming into force of this Act ("former appeal tribunal") continues to be a member until reappointed or a successor is appointed, or until the appointment is revoked.

Appeals already commenced

76(2)        Where, on the day this Act comes into force, an appeal to the former appeal tribunal under The Crop Insurance Act has been commenced but not finally disposed of,

(a) the appeal shall be continued and completed in accordance with The Crop Insurance Act as if this Act had not come into force; and

(b) the former appeal tribunal shall complete any appeal which it began hearing before this Act came into force.

Legal proceedings or actions by or against former corporations

77           Where, on the day this Act comes into force, a legal proceeding or action has been commenced by or against The Manitoba Agricultural Credit Corporation or the Manitoba Crop Insurance Corporation but has not been finally disposed of, the legal proceeding or action is to be continued and completed by or against the Manitoba Agricultural Services Corporation in accordance with The Agricultural Credit Corporation Act or The Crop Insurance Act, as the case may be, as if this Act has not come into force.

References to former corporations

78           Any reference to The Manitoba Agricultural Credit Corporation or the Manitoba Crop Insurance Corporation in any Act, regulation, by-law, contract, agreement, or other document or record is deemed to be a reference to the Manitoba Agricultural Services Corporation.

References to former Acts

79           Any reference

(a) to The Agricultural Credit Corporation Act; or

(b) to The Crop Insurance Act;

in any Act, regulation, by-law, contract, agreement or other document or record, is deemed to be a reference to this Act.

Application of Crop Insurance Act to continuous contracts

80           Despite the repeal of The Crop Insurance Act by this Act,

(a) The Crop Insurance Act continues in force as if it had not been repealed, to the extent necessary to give effect to a contract of insurance issued under the authority of that Act; and

(b) to the extent that a matter arises after the coming into force of this Act that relates to a contract of insurance issued under the authority of The Crop Insurance Act, that Act applies to the resolution of that matter as if it had not been repealed by this Act.

Regulations continued

81           All regulations made under the authority of The Agricultural Credit Corporation Act or The Crop Insurance Act, that were in force immediately before the coming into force of this Act continue in force and may be amended, repealed or enforced as if made under this Act.

PART 8

CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

82          

NOTE: This section contained consequential amendments to other Acts that are now included in those Acts.

Repeal

83           The Agricultural Credit Corporation Act, S.M. 1999, c. 24, and The Crop Insurance Act, S.M. 1987-88, c. 16, are repealed.

C.C.S.M. reference

84          This Act may be referred to as chapter A25 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

85          This Act comes into force on a day to be fixed by proclamation.

NOTE:  S.M. 2005, c. 28 came into force by proclamation on September 1, 2005.

 

 


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